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Tampa Criminal Lawyer Blog

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Florida Court Explains the Rights of Criminal Defendants

In most cases, a person charged with a drug offence is aware of the seriousness of the repercussions of a possible conviction and will seek legal counsel. Additionally, under the United States Constitution’s Sixth Amendment, criminal defendants have the right to be represented by counsel. However, in some cases, a…

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Florida Court Explains What Evidence is Needed to Prove DUI Manslaughter

DUI manslaughter charges are frequently filed against people who drive recklessly while inebriated and cause the death of another person. Further, such charges may be brought even if it is not immediately evident that drunk driving caused the collision and consequent loss of life. In such cases, a DUI defendant…

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Florida Court Discusses Restitution in Criminal Matters

When a person is convicted of a crime, the court will often not only sentence them to prison but also require them to make restitution. Criminal defendants and the state frequently disagree over what constitutes reasonable recompense, however. This was illustrated in a recent child pornography case in Florida, where…

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Florida Court Discusses the Use of Hearsay Evidence in Criminal Matters

In some criminal matters, the State has little or no direct evidence. Instead, the State’s case against the defendant will be dependent on circumstantial evidence. While circumstantial evidence is frequently accepted, hearsay evidence is not. As a result, a conviction based on hearsay evidence may be subject to reversal, as…

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Florida Court Issues Ruling on Lesser Included Offenses of Sexual Battery

In 2018, the Florida Supreme Court promulgated a schedule of lesser included offenses. Recently, the court answered the certified question of whether it erred in classifying sexual battery as a necessarily lesser include offense of capital sexual battery, ultimately determining that it did. The court set forth its conclusion in…

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